Written Answers Friday 12 February 2010

Scottish Executive

Allotments

Nanette Milne (North East Scotland) (Con): To ask the Scottish Executive whether an allotment tenant has a right of appeal against a local authority decision to demolish and remove unauthorised buildings from the allotment.

John Swinney: Section 7 of the Allotments (Scotland) Act 1892 provides that no building other than one of a specified type (such as a tool-house or shed) may be erected on an allotment. It obliges a local authority to pull down any other building. Tenants are given no right of appeal against such demolition.

Common Good Fund

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it is appropriate for councillors to be involved in determining a planning application that will result in financial benefit to the common good fund managed by those councillors.

John Swinney: It is not inappropriate for a local authority to have an interest in a development, and also to make a decision on a planning application for that development. However, any conflict of interests that might arise from having this dual role must not influence the authority’s handling or planning decision. Further advice can be found in Planning Advice Note (PAN) 82: Local authority Interest Developments.

Common Good Fund

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what guidance there is on the management of common good funds.

John Swinney: Statutory guidance exists through the Local Government (Scotland) Acts of 1973 and 1994. There are also accounting guidelines set out in the Local Authorities Scotland Accounts Advisory Committee (LASAAC) document Accounting for the Common Good: A Guidance Note for Practitioners which was revised in December 2007. In addition, the Scottish Government wrote to all local authorities in 2007 to remind them of their responsibilities under accounting codes of practice, best value guidance grant conditions and statute in respect of their management of common good funds and assets.

Common Good Fund

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether a consultation process with community councils or other local organisations is necessary prior to the allocation of common good funds.

John Swinney: Section 222 of the Local Government (Scotland) Act 1973 states that local authorities "should have regard to the interests of the inhabitants of the area to which the common good formerly related". How local authorities choose to fulfil this obligation is a matter for them to decide.

Common Good Fund

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what the eligibility criteria are for the allocation of common good funds.

John Swinney: It is the responsibility of local authorities to manage their common good assets and funds in accordance with current statutory and non statutory requirements as set out in the Local Government (Scotland) Act 1973. Local authorities are required to manage assets held for the common good according to sound asset management principles and in accordance with proper accounting practice.

Common Good Fund

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive in what circumstances common good funds can be used to repay local authority debt.

John Swinney: Section 93 of the Local Government (Scotland) Act 1973 states that any sums payable or received which relate to the common good shall not be paid into the general fund. Specific guidance on the financial accounting of common goods assets has also been published by the Local Authorities (Scotland) Accounts Advisory Committee in 2007.

Common Good Fund

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it will list the common good funds, including land and property, managed by each local authority.

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how much (a) money, (b) property and (c) land is in the common good fund of each local authority.

John Swinney: This information is not held centrally. All common good assets which are held by local authorities are accountable within the audited accounts of each local authority which are accessible by law to any member of the public.

Crofting Reform (Scotland) Bill

Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive how often the Minister for Environment has consulted Crofters Commission commissioners regarding the Crofting Reform (Scotland) Bill since her appointment.

Roseanna Cunningham: Since my appointment on 12 February 2009 to Minister for Environment, I have met with Crofters Commission commissioners on four separate occasions, during which the Crofting Reform Scotland Bill was discussed. Scottish Government officials have been in regular contact with officials working for the Crofters Commission throughout the development of the bill.

Livestock

Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive whether it will confirm that the Bull Hire Scheme does not contravene state aid rules and, if so, whether it will retain the scheme.

Roseanna Cunningham: State Aid rules do not allow for either support for livestock production or the means of production where that support would exceed €7,500 over a three year period for each individual. The Bull Hire Scheme has been operating on that basis and will continue to do so. The Scottish Government announced on 8 February 2010 that the scheme is being retained.

Livestock

Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive what plans it has for the two Crofters Commission-owned farms near Inverness formerly used in connection with the Bull Hire Scheme that remain unsold.

Roseanna Cunningham: The two farms in question are owned by Scottish Ministers. The Bull Hire Scheme will continue to be operated from upgraded facilities on a part of these premises, with some surplus land being sold.

Local Government Finance

Bob Doris (Glasgow) (SNP): To ask the Scottish Executive when it proposes to respond to the 2009 report by the Scottish Local Authorities Remuneration Committee (SLARC).

John Swinney: I wrote to the Chairman of SLARC on 10 February 2010 giving my response to the recommendations contained within the report. Regulations have been laid in the Scottish Parliament. The report and my response are available on the Scottish Government website.

Schools

Andy Kerr (East Kilbride) (Lab): To ask the Scottish Executive whether it is confident that funding for all schools to be built through the schools investment programme will be secured by April 2011.

Keith Brown: Yes, this government will honour these commitments on the school building project and on the protection of local government’s share of the overall capital budget, for the entirety of the programme.

  The Scottish Government underlined its commitment to improving schools for pupils throughout Scotland with the announcement of £800 million of government support towards the new £1.25 billion school building programme. We have also given a clear commitment that local government will continue to receive the same percentage share of the Scottish Government’s total capital budget, before any top slicing, that is currently allocated. The £800 million for the school building project over the 2010-11 to 2017-18 period will be additional to this share.

Scottish Law Commission

Nigel Don (North East Scotland) (SNP): To ask the Scottish Executive what proposals the Scottish Law Commission has for future law reform projects.

Kenny MacAskill: I have agreed with the Scottish Law Commission its Eighth Programme of Law Reform, which covers the work to be undertaken by the Commission for the five year period from 2010 until the end of 2014. The programme was presented to Parliament today and is also being published today. Copies have been placed in the Scottish Parliament’s Information Centre (Bib. number 50195).

  The projects which will be undertaken under the eighth programme have been selected following extensive consultation by the commission. The programme includes existing projects which began under the seventh programme, such as work on trust law and judicial factors. The scope of two existing projects has been revised following consultation, and a new project on security over corporeal moveable property will be combined with the existing project on security over, and assignation of, incorporeal moveable property. The work on provocation, self-defence, coercion and necessity will be considered as part of a general review of the law of homicide. The final part of the criminal reference on previous convictions, similar fact evidence, and the Moorov doctrine, will continue. In addition, the commission expects to undertake new projects which will cover criminal liability of partnerships, law of contract in light of the Draft Common Frame of Reference, some aspects of adults with incapacity law, compulsory purchase, heritable securities, and prescription and corporeal moveable property.

  In addition, the commission will continue work on joint projects with the Scottish Law Commission, covering insurance law, level crossings and statute law revision. It will also carry out work on consolidation of legislation.

  I welcome this programme, which represents a varied and relevant set of proposals, and look forward to receiving reports from the commission in due course. We will continue to work with the commission over ways of taking forward the proposals in those reports, and will continue with the system introduced last year of providing initial responses to reports within three months of publication.

  The Scottish Law Commission also has a general remit to keep the law of Scotland under review for the purpose of promoting reform and development of the law. In addition to the Programme of Law Reform agreed with ministers, the commission also receives from ministers references on specific issues and provides other advice

Waste Management

Ross Finnie (West of Scotland) (LD): To ask the Scottish Executive what its position is on the value for money in allowing local authorities to invest in the capital equipment necessary to carry out a time-limited food waste collection service without continuing or evaluating the project.

Richard Lochhead: All local authorities were aware of the fact that this was a trial and was not meant to be a long-term arrangement, investments were made on this understanding. Scottish Government continues to work with COSLA and local authorities to identify how best to roll-out food waste collections based on local circumstances and needs. Scottish Government is aware that some local authorities have already implemented food waste collections with others planning to do so. Of the six trial authorities five are still continuing to provide a food waste collection service.